2006/146/EC: Commission Decision of  21 February 2006  on certain protection measures with regard to certain fruit bats, dogs and cats coming from Malaysia (Peninsula) and Australia  (notified under document number C(2006) 417)   (Text with EEA relevance)
Date: 2006-02-21
Institutions: European Commission
Subjects: Australia, Malaysia, domestic animal, health control, import policy, rabies, wild mammal

L 55/44

EN

Official Journal of the European Union

25.2.2006

COMMISSION

COMMISSION DECISION

of 21 February 2006

on certain protection measures with regard to certain fruit bats, dogs and cats coming from
Malaysia (Peninsula) and Australia

(notified under document number C(2006) 417)

(Text with EEA relevance)

(2006/146/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organisation of
veterinary checks on animals entering the Community from
third
89/662/EEC,
90/425/EEC and 90/675/EEC (1), and in particular Article
18(1) thereof,

amending Directives

countries

and

Whereas:

(1)

(2)

Commission Decision 1999/507/EC of 26 July 1999 on
certain protection measures with regard to certain fruit
bats, dogs and cats coming from Malaysia (Peninsula) and
Australia (2) has been substantially amended several
times (3). In the interests of clarity and rationality the
said Decision should be codified.

The principal animal health conditions to be complied
with by Member States when importing from third
countries dogs, cats and other animals susceptible to
rabies are laid down in Council Directive 92/65/EEC of
13 July 1992 laying down animal health requirements
governing trade in and imports into the Community of
animals, semen, ova and embryos not subject to animal
health requirements laid down in specific Community
rules
to Directive
90/425/EEC (4). However the veterinary certification is
not yet harmonised.

in Annex A(I)

referred

to

(1) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003

Act of Accession.

(2) OJ L 194, 27.7.1999, p. 66. Decision as last amended by Decision

2000/708/EC (OJ L 289, 16.11.2000, p. 41).

(3) See Annex 1.
(4) OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive
2004/68/EC (OJ L 139, 30.4.2004, p. 320, corrected by OJ L 226,
25.6.2004, p. 128).

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Fatal cases of Hendra disease and Nipah disease in human
beings have been declared respectively in Australia and in
Malaysia.

Fruit bats of the genus Pteropus are considered the natural
host of Hendra disease virus and incriminated in being
the virus reservoir for Nipah disease. However these
mammals do not show clinical signs of disease and
may harbour the virus in the presence of neutralising
antibodies.

Fruit bats are occasionally imported from third countries.
for
Pending Community
imports from third countries of
it appears
necessary to introduce certain protection measures with
regard to Hendra and Nipah diseases.

animal health conditions

fruit bats,

contract Nipah disease. The

Hendra disease may be transmitted by cats, and dogs and
cats
to the
respective viruses stimulates seroconversion in diseased
and reconvalescent animals, which can be detected by
laboratory testing.

exposure

The presence of
this zoonotic disease in the above
countries is liable to constitute a danger for persons
and susceptible animals in the Community.

is necessary

It
at
Community level with regard to imports of fruit bats,
dogs and cats from Malaysia (Peninsula) and Australia.

to adopt protection measures

However, Hendra disease, being a notifiable disease in
accordance with Australian law, has not been reported
in Australia since 1999. Therefore, no special laboratory
tests should be required for cats imported from Australia.

(10)

the sake of clarity provisions

For
should be made
allowing the transit of dogs and cats through interna-
tional airports in Malaysia.

25.2.2006

EN

Official Journal of the European Union

L 55/45

(11)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Imports of fruit bats of the genus Pteropus from Malaysia

1.
(Peninsula) and Australia are prohibited.

2.
By way of derogation from paragraph 1 and without
prejudice to the provisions of Directive 92/65/EEC, fruit bats
of the genus Pteropus may be imported under the following
conditions:

(a)

the animals originate from captive colonies,

(b) the animals have been isolated in quarantine premises for at

least 60 days,

(c)

the animals have been subjected with negative results to a
serum neutralisation or approved ELISA test for antibody
against Hendra and Nipah disease viruses, carried out in a
laboratory approved for these tests by the competent autho-
rities on samples of blood taken on two occasions with an
interval of 21 to 30 days, the second sample to be taken
within 10 days of export.

Article 2

(c)

the animals have been subjected with negative result to an
IgG capture ELISA test carried out in a laboratory approved
for testing for antibody against the Nipah disease viruses by
the competent veterinary authorities on a sample of blood
taken within 10 days of export.

3.
The prohibition referred to in paragraph 1 shall not apply
to dogs and cats in transit, provided they remain within the
perimeter of an international airport.

Article 3

1.

Imports of cats from Australia are prohibited.

2.
By way of derogation from paragraph 1, cats may be
imported under the condition that the animals have not been
resident on holdings where during the past 60 days cases of
Hendra disease have been confirmed.

3.
The prohibition referred to in paragraph 1 shall not apply
to cats in transit, provided they remain within the perimeter of
an international airport.

Article 4

Decision 1999/507/EC is repealed.

References to the repealed Decision shall be construed as
references to this Decision and shall be read in accordance
with the correlation table in Annex II.

Imports of dogs and cats from Malaysia (Peninsula) are

1.
prohibited.

Article 5

By way of derogation from paragraph 1 dogs and cats

2.
may be imported under the following conditions:

This Decision is addressed to the Member States.

(a)

the animals have had no contact with pigs during at least
the past 60 days prior to export,

Done at Brussels, 21 February 2006.

(b) the animals have not been resident on holdings where
during the past 60 days cases of Nipah disease have been
confirmed,

For the Commission

Markos KYPRIANOU
Member of the Commission

L 55/46

EN

Official Journal of the European Union

25.2.2006

ANNEX I

Repealed Decision with its successive amendments

Commission Decision 1999/507/EC
— Commission Decision 1999/643/EC
— Commission Decision 2000/6/EC
— Commission Decision 2000/708/EC

(OJ L 194, 27.7.1999, p. 66)

(OJ L 255, 30.9.1999, p. 38)

(OJ L 3, 6.1.2000, p. 29)

(OJ L 289, 16.11.2000, p. 41)

ANNEX II

Correlation table

Decision 1999/507/EC

This Decision

Article 1(1)

Article 1(1)

Article 1(2), introductory words

Article 1(2), introductory words

Article 1(2), first indent

Article 1(2), second indent

Article 1(2), third indent

Article 2(1)

Article 1(2)(a)

Article 1(2)(b)

Article 1(2)(c)

Article 2(1)

Article 2(2), introductory words

Article 2(2), introductory words

Article 2(2), first indent

Article 2(2), second indent

Article 2(2), third indent

Article 2(3)

Article 3

Article 4

—

Article 5

—

—

Article 2(2)(a)

Article 2(2)(b)

Article 2(2)(c)

Article 2(3)

Article 3

—

Article 4

Article 5

Annex I

Annex II